Appellate Division: Second Judicial Department

M297082

AFA/

BETSY BARROS, J.P.

WILLIAM G. FORD

HELEN VOUTSINAS

CARL J. LANDICINO, JJ.

2023-01452 The People, etc., respondent, v Calvin Simmons, appellant. (Ind. No. 72701/2022)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered January 9, 2023. Motion by the appellant's assigned counsel, in effect, to be relieved of the assignment on the ground that the appellant has abandoned the appeal by failing to respond to communications by assigned counsel. By order to show cause dated April 29, 2024, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that the appellant has abandoned the appeal, and assigned counsel's motion was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of assigned counsel's motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,

ORDERED that assigned counsel's motion is granted.

BARROS, J.P., FORD, VOUTSINAS and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court